Briefing Note of the Deputy Chief Executive
and Director for Families and Communities

Minutes:

The Panel received a briefing note from the
Deputy Chief Executive and Director for Families and Communities
regarding the future determination of non-contentious Public Path
Order Applications made under (i)
Sections 25, 26, 118, 118A, 119, 119A of the Highways Act 1980 and
(ii) Section 257 and 258 of the Town and Country Planning Act
1990.

The Director outlined the previous
arrangements for processing applications for Orders which included
(i) initial checks by officers to
ensure that the proposals met the relevant legal tests as laid down
in statute; (ii) informal consultations with user groups, statutory
consultees and other interested parties for their views and; (iii)
reports/recommendations to the Panel for a decision.

Under the new arrangements approved by the
County Council the Deputy Chief Executive and Director of families
and Communities had been given delegated authority to determine
non-contentious applications ie those
where (i) no objections were raised to
the proposal at the informal consultation stage and the applicant
had agreed to pay the full costs; (ii) no more than two objections
were raised to the proposal at the informal consultation stage and
the applicant had agreed to pay the full cost.

However, if at least three objections were
received to a proposal, irrespective of whether they were resolved
at the informal consultation stage, the matter was to be referred
to the Panel for a decision. In addition, proposals would be
referred to the Panel in instances where the applicant had claimed
hardship with a view to costs being met wholly or in part by the
County Council.

It was anticipated that the new arrangements
would (i) speed-up the decision making
process; (ii) free-up the Panel's time to consider a greater volume
of applications for Modification Orders to the Definitive Map of
Public Rights of Way under Section 53 of the Wildlife and
Countryside Act 1981 and to register Village Green and Common Land;
(iii) enable officers to spend more time on statutory duties.

The Panel considered a report by the Director
of Strategy Governance and Change regarding an application made by
Mr. A. P Rowe for a Modification Order under Section 53 of the
Wildlife and Countryside Act 1981 to upgrade Public Footpath no.
73, Longdon Parish to Bridleway Status.
Members were asked to consider all the evidence available and apply
the relevant legal tests in order to make their decision.

The report was presented verbally to take
Members through the documents and evidence. The Director made
reference to case law that had been decided which dealt with the
weight to be given to the evidence as well as guidance on the legal
tests which Members needed to consider. They were made aware that
they should look at the evidence in its totality, apply the
relevant legal tests and make their decision based on the civil
test of “balance of probability”.

In the course of their deliberations, Members
considered in detail the user evidence which had been submitted,
together with the correspondence from the various landowners and
consultees.

The Panel considered a report of the Director
of Strategy Governance and Change regarding an application made by
Mrs. H. Williams for a Modification Order under Section 53 of the
Wildlife and Countryside Act 1981 to add a footpath at Mayfield
Parish. Members were asked to consider all the evidence available
and apply the relevant legal tests in order to make their
decision.

The report was presented verbally to take
Members through the documents and the evidence. The Director also
made reference to case law that had been decided which dealt with
the weight to be given to the evidence as well as guidance on the
legal tests which Members needed to consider. They were made aware
that they should look at the evidence in its totality, apply the
relevant legal tests and make their decision based on the civil
test of “balance of probability”.

In the course of their deliberations, members
considered in details the user evidence which had been submitted,
together with the correspondence from the various landowners and
consultees.

During his presentation, the Director
highlighted the various comments which had been received on the
report, from interested parties, since its publication.

The Panel discussed the application in detail
and in light of the legislation, case law and on the basis of all
the evidence presented they agreed unanimously that the application
should be approved and the route added to the Definitive Map as
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